TERMS OF SERVICE

1. INTRODUCTION

The terms of this agreement govern the relationship between you and Kindzasoft LLC (hereinafter "Developer", “we", "us", “our”) regarding your use of our Games and Services (as described below). List of our Games:

“Russian Billiard Pool” - https://play.google.com/store/apps/details?id=com.mastobaev.pyramid

“Russian Billiard Pool” - https://apps.apple.com/app/pyramid-billiard/id1130364998

“Russian Billiard Pool” - https://vk.com/app51607308

“Snooker Online” - https://play.google.com/store/apps/details?id=com.mastobaev.snooker

“Snooker Online” - https://apps.apple.com/app/snooker-pro-online/id1672847321

“Pool Online - 8 Ball, 9 Ball” - https://play.google.com/store/apps/details?id=com.mastobaev.poolandroid

“Pool Online - 8 Ball, 9 Ball” - https://apps.apple.com/app/pool-online-8-ball-9-ball/id1622437937

“Durak Online” - https://play.google.com/store/apps/details?id=com.kindzasoft.durak

“Durak Online” - https://apps.apple.com/app/durak-online-card-game/id1621032714

“Kindza Poker” - https://play.google.com/store/apps/details?id=com.kindzasoft.poker.android

“Kindza Poker” - https://apps.apple.com/app/kindza-poker-texas-holdem/id1668987500 

By installing or playing our Games or otherwise accessing or using the Services, you agree to these Terms of Service. You may use the Services only if you agree to these Terms of Service and all the rules described therein.

By using the Services, you also agree to the Privacy Policy: here.

2. CHANGES TO THESE TERMS OF SERVICE

We reserve the right to modify, change, add or remove parts of these Terms of Service at any time by posting the amended terms on or within the Services. You will be deemed to have accepted such changes by continuing to use the Services. If at any moment you do not agree to any portion of the then-current version of Terms of Service, your license to use the Services shall immediately terminate, and you must immediately stop using the Services.

3. DEFINITIONS

“Game Account” - an account that we provide you when you play our Games

“Virtual Items” - any virtual goods related to the Game Account, including, but not limited to, chips, gems, cues, boxes, rating scores, cups, achievements, game clubs, etc.

“Service”, “Services” - playing our Games or using any other related services

“User Content” - any data that you upload, generate, create or transmit on or through our Services, including, but not limited to, any uploaded profile pictures (avatars), name of your Game Account, any chat messages, club names, club descriptions, any game events naturally occurred during gameplay, etc.

4. GAME ACCOUNT

To play our Games you need a “Game Account” - we provide you one when you play our Games. Initially your Game Account is linked to your device via hardware identificator. You can link your Game Account to one of your Social Network Accounts to prevent you from losing access to your Game Account.

By using our Services you agree with the following rules:

1. You will not give access to your Game Account to any other person
2. You are responsible for maintaining the security of your Game Account
3. All acts performed through your Game Account will be treated as being performed by you
4. You accept responsibility for all actions performed using your Game Account, whether or not these actions authorized by you
5. You understand that you may be held liable for any losses that we or other users of our Services may have, caused by you or someone else using your Game Account
6. You must immediately notify us if you believe that someone else has gained access to your Game Account
7. You do not own any Game Account that you use or create using our Services. Your Game Account is not your property. You do not own any Virtual Items that you obtained through our Services, including cases where you purchased these Virtual Items or received them in any other way. Your Game Account and any related Virtual Items are owned by us. We give you a non-exclusive, revocable and limited license and right to use your Game Account and any related Virtual Items as long as we offer you the Services.

Please note that we may delete or terminate your Game Account if it is inactive (not logged in) for 180 days or more. We may do it to avoid storing data which is no longer necessary.

To all questions related to your Game Account please contact us at support@kindzasoft.com. Please note that if you have lost access to your Game Account it is not always possible to restore it. We always do our best to protect users from possible fraud, so we reserve the right to decline your request without explanation if we don’t have enough data to be sure that the Game Account belongs to you. You also may be requested to confirm your ownership of the Game Account by providing us special code that we send to your Game Account in the Game.

5. LICENSE

We grant you a non-exclusive, revocable, non-sublicensable, not-transferable and limited right and license to access the Services for only non-commercial, entertainment purposes. You agree not to use Services for any other purpose and agree that we will have no liability to you for any loss or damage arising from using the Services in an unauthorized manner. The license is subject to the following conditions:

You may not:

1. Use our Services if you are under the age of 18
2. Use our Services if you were banned from using our Services, unless we cancelled this ban on our sole discretion
3. Sell, purchase, rent or give away your Game Account or Virtual Items
4. Use any cheats, exploits, hacks or other software to modify Service or Game experience
5. Trying to derive and modify source code of the Games and Services related software via using tools for reverse engineering, disassemble, decompile and etc.
6. Trying to gain unauthorized access to the Services or other person's Game Accounts
7. Attempt or take participation in any actions which are designed to corrupt the Service in any way (DDOS attacks, “brute-force” login information, etc)
8. Post any content that contains violence, nudity or content that may be considered offensive or harmful to any other person (or group of persons), or information that contains a link on such content.

We have right:

1. Ban you from using the Services (partially or fully) on our sole discretion, and we have no obligation (but have a right) to explain the reason
2. Remove Virtual Items from your Game Account (partially or fully) on our sole discretion, and we have no obligation (but have a right) to explain the reason
3. Modify and change the Service (including core Game experience) at any time and in any way on our sole discretion and without notification

You agree that if you lose access to your Game Account or Virtual Goods for any reason (voluntary or involuntary), we are not required to provide a refund, and you will not receive money or other compensation for any Virtual Items related to your Game Account (including purchased Virtual Items).

You agree that you will not receive any money or other compensation for any Virtual Items that have been confiscated by us for violating these Terms of Service.

You agree that we are not liable for any errors that occur during using the Service and we do not have an obligation to fix these errors or explain the reason for such errors. We are not obligated to fix any errors including (but not limited to) cases when you believe that you have not received Virtual Items (fully or partially). You agree that we have the right to handle these situations on our sole discretion without any explanation and without notice. We are not obligated to provide you with any reports or logs related to our Services and, in particular, to your Game Account.

All graphic and media content in our Games and Services (except User Content) is owned by us. You can't copy it and use it for any commercial purpose, this includes content itself and any derived or modified works.

6. USER CONTENT

By submitting User Content in or through our Services, you agree with the following:

1. Your User Content is non-confidential
2. Any User Content you have uploaded becomes publicly available to everyone
3. You acknowledge that any personal information that you transmitted via User Content may be seen by other people and it may lead to unwanted communications
4. You may not upload User Content that contains (or may be considered to contain):

• Violence, harassment, nudity
• Personal data of other people

5. You may not upload User Content that:

• Violates any copyrights or is otherwise considered illegal
• Violates the rights of other people
• May be considered abusive or insulting other people

6. Any User Content that you publish, post or transmit will be considered non-proprietary and non-confidential
7. You grant us a perpetual, irrevocable, royalty free, worldwide and non-exclusive license to use, distribute, reproduce, display, modify, use in our other works thereof in connection with the Services, including (but not limited to) promotions, marketing purposes or other commercial purposes
8. We are not responsible for your User Content that you upload, transmit, generate or create in or through our Services
9. You are fully responsible for your User Content and warrant that such content will not cause injury to any person or entity, and that you will not hold us liable and will indemnify us for any claims resulting from your User Content
10. We are not responsible for your interactions with other players
11. You are the only one who is responsible for your interactions with other players
12. If you have disputes with other players, you release us from any liability, responsibility, demands, damages or claims of any kind resulting from that dispute
13. We are not obligated to help you if you have any kind of problem or dispute with other players, but we have the right if we want to
14. You use Services on your own Risk and you bear all risks associated with using User Content related to the Services
15. We assume no responsibility for User Content which is not in line with your expectations
16. By entering into these Terms of Service you provide your consent to the Developer to monitor, modify or delete any User Content uploaded by you
17. We are not responsible for information or services provided by other players
18. By using our Services and communicating with other players and other User Content, you understand that you may be exposed to conduct that you might find objectionable or offensive, and you agree that we do not assume any responsibility or liability in this situations
19. We may decide to terminate your access to the Services (fully or partially) in our sole discretion and without notice, if we determine that your User Content violates these Terms of Service or violates any law or if we find it inappropriate in any way
20. We have the right to disclose your identity to others who are claiming that some of your User Content violates their intellectual property rights or their right to privacy. We may also disclose your User Content and identity to third parties or government bodies where we are legally required to do so.

We reserve the right, but have not obligation, to:

1. Delete or modify (partially or fully) any User Content deemed inappropriate at our sole discretion, without any explanation of the reason
2. Monitor and moderate any User Content that is processed, generated, posted, submitted or created in or through our Services
3. Record, monitor or store your interactions or communications with Services and interactions and communications with other players within the Services. For more information see our Privacy Policy.

We do not endorse or approve any User Content that you or other users post, upload, process, generate, create or submit in connection with use of our Services, so we do not assume any responsibility or liability for this User Content. You agree to release us from liability and indemnify us from any damages arising out of any User Content you submit or communicate with.

However, if you believe that someone violating these Terms of Service, please let us know by one of the following way:

1. Use integrated complaint functionality
2. Send us report on support@kindzasoft.com

Please assume that we have no obligation to report the results of your complaints.

Our license to your User Content ends after deletion of your Game Account (as described in our Privacy Policy), with the following exceptions:

1. User Content that was shared with other users or which already used publicly
2. User Content used for our promotion or marketing purposes

7. PAYMENTS AND REFUNDS

In the Services you may purchase Virtual Items, in this case you receive non-exclusive, revocable and limited license and right to use these Virtual Items. It means that you don’t legally “own” these Virtual Items and it is not your property. You acknowledge that we are not required to provide a refund for any reason, and that you will not receive money or other compensation for unused Virtual Items, including (but not limited to) cases when you lose access to your Game Account (voluntary or involuntary). Purchases to acquire a limited license and right to use Virtual Items are non-refundable to the fullest extent allowed by law.

When you make purchases on platforms such as Apple and Google, we are not a party to the transaction and your purchase will be governed by the third-party platform’s payment terms and conditions, you may read it for additional information.

You may contact us at support@kindzasoft.com for questions concerning purchases.

8. CONTACT US

Our email: support@kindzasoft.com

Our address for other correspondence: Armenia, 0051, Yerevan, Hrachya Kochar 44/53

Effective Date: April 28, 2023